Texas Gov. Perry indicted on charges of abusing power

Texas Gov. Rick Perry as he speaks at the 2014 Red State Gathering, in Fort Worth, Texas, Aug. 8. Perry has been indicted for abuse of power after carrying out a threat to veto funding for state public corruption prosecutors. (AP Photo/Tony Gutierrez)

AUSTIN, Texas » A grand jury indicted Texas Gov. Rick Perry on Friday for allegedly abusing the powers of his office by carrying out a threat to veto funding for state prosecutors investigating public corruption — making the possible 2016 presidential hopeful his state's first indicted governor in nearly a century.

A special prosecutor spent months calling witnesses and presenting evidence that Perry broke the law when he promised publicly to nix $7.5 million over two years for the public integrity unit run by the office of Travis County District Attorney Rosemary Lehmberg. Lehmberg, a Democrat, was convicted of drunken driving, but refused Perry's calls to resign.

Though the Republican governor now faces two felony indictments, politics dominates the case. Lehmberg is based in Austin, which is heavily Democratic, in contrast to most of the rest of fiercely conservative Texas. The grand jury was comprised of Austin-area residents.

The unit Lehmberg oversees investigates statewide allegations of corruption and political wrongdoing. It led the investigation against former U.S. House Majority Leader Tom DeLay, a Texas Republican who in 2010 was convicted of money laundering and conspiracy to commit money laundering for taking part in a scheme to influence elections in his home state — convictions later vacated by an appeals court.

Mary Anne Wiley, Perry's general counsel, predicted Perry ultimately will be cleared of the charges against him — abuse of official capacity and coercion of a public servant.

"The veto in question was made in accordance with the veto authority afforded to every governor under the Texas Constitution," she said.

David L. Botsford, Perry's defense attorney, whose $450-per hour fees are being paid for by state funds, said he was outraged by the action.

"This clearly represents political abuse of the court system and there is no legal basis in this decision," Botsford said in a statement. "Today's action, which violates the separation of powers outlined in the Texas Constitution, is nothing more than an effort to weaken the constitutional authority granted to the office of Texas governor, and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the Texas governor."

Several top aides to Perry appeared before grand jurors, including his deputy chief of staff, legislative director and general counsel. Perry himself did not testify, though.

Abuse of official capacity is a first-degree felony with potential punishments of five to 99 years in prison. Coercion of a public servant is a third-degree felony that carries a punishment of two to 10 years.

In office since 2000 and already the longest-serving governor in Texas history, Perry isn't seeking re-election in November.

When he ran for president in 2012, Perry plummeted from brief front-runner to national punchline, his once promising campaign doomed by a series of embarrassing gaffes, including his infamous "Oops moment" during a debate.

As he eyes another White House run, Perry has re-made his cowboy image, donning stylish glasses, studying up on foreign and domestic affairs and promising conservatives nationally that he's far more humble this time around.

Political observers say the indictment may not immediately hurt his standing with Republican primary voters — but Democrats didn't miss a change to gloat Friday.

"Texans deserve real leadership and this is unbecoming of our governor," Texas Democratic Party Chairman Gilberto Hinojosa said in a statement. He demanded that Perry immediately resign.

No one disputes that Perry is allowed to veto measures approved by the Legislature. But the left-leaning Texans for Public Justice government watchdog group filed an ethics complaint accusing the governor of coercion because he threatened to use his veto before actually doing so in an attempt to pressure Lehmberg to quit.

"We're pleased that the grand jury determined that the governor's bullying crossed the line into illegal behavior," said Craig McDonald, executive director of Texans for Public Justice. "The complaint had merit, serious laws were potentially broken."

Michael McCrum, the San Antonio-based special prosecutor, said he "took into account the fact that we're talking about a governor of a state — and a governor of the state of Texas, which we all love."

"Obviously that carries a lot of importance," McCrum said. "But when it gets down to it, the law is the law."

McCrum said he'll meet with Botsford on Monday to discuss when he will come to the courthouse to be arraigned. McCrum said he doesn't know when Perry will be booked.

Perry and other high-profile Republicans said Lehmberg should resign after she was arrested and pleaded guilty to drunken driving in April 2013. A video recording made at the jail showed Lehmberg shouting at staffers to call the sheriff, kicking the door of her cell and sticking her tongue out. Her blood-alcohol level was nearly three times the legal limit for driving.

The indictment of Perry is the first of its kind since 1917, when James "Pa" Ferguson was indicted on charges stemming from his veto of state funding to the University of Texas in an effort to unseat faculty and staff members he objected to. Ferguson was eventually impeached, then resigned before being convicted.

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MalamaKaAinawrote:

Puff Pass!!!

on August 15,2014 | 02:39PM

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Mana07wrote:

I can think of a much higher "abuse of power" indictment that should be served. This all sounds like a load of you know what........

on August 15,2014 | 02:50PM

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HaoleGuywrote:

I can't stand Gov. Perry at all. Terrible governor and thank goodness he wasn't elected President. I am also a loyal Democrat. But this indictment is utterly and completely wrong. If you don't like the veto, override it. If you can't, too bad.

on August 15,2014 | 02:51PM

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seriouswrote:

HaoleGuy, in Illinois this would be just another day at the office. How many Governors are making license plates--with Vote D on them???

on August 15,2014 | 02:56PM

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HIEwrote:

It's not about the veto. It's about the threat and the attempt to coerce an elected official into resigning. Of course the governor has the right to veto whatever bill he chooses, but not the right to use veto power for the purposes of coercion. Without his explicit threat, there is no case. If he had simply shut his mouth and vetoed the bill on the basis of positional preference, there would be no indictment. And remember, this is a state grand jury indictment. This was a group of ordinary Texas citizens who decided he should be indicted with this charge.

on August 15,2014 | 03:54PM

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fairgame947wrote:

and you know so many facts about this case how? Please, it's totally political and not just a group of ordinary citizens. Take your blinders off.

on August 15,2014 | 05:05PM

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IAmSanewrote:

and you know so many facts about this case how? Please, it's totally a group of ordinary citizens and not just political. Take your blinders off.

This is fun.

on August 15,2014 | 10:29PM

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ISCREAMwrote:

It was not a group of ordinary Texas citizens...the citizens were only from the city of Austin...a city renown for being an ultra liberal/progessive city in an otherwise relatively conservative state. Why is asking a drunk to resign a crime?

on August 15,2014 | 06:49PM

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kekelawardwrote:

Ordinary Texans????? The grand jury is made of of people residing in Austin, which is as far from "ordinary" Texans as is possible!

on August 16,2014 | 03:56AM

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ISCREAMwrote:

So HaoleGuy...Rick Perry did the veto...and it was not overridden. Further, the Grand Jury is stacked with Democrats...Austin is the Progressive Democrat stronghold in Texas. Gov. Perry has vetoed numerous other wasteful budget items. He should be commended for asking the drunken DA to leave office.

on August 15,2014 | 06:47PM

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entrknwrote:

Perry thinks he is in the old wild west, and between his ears he is...

on August 15,2014 | 02:52PM

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kekelawardwrote:

He's in the new wild west, and there's a good chance that Santa Ana will have his revenge, thanks to 0bama.

on August 16,2014 | 03:58AM

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residenttaxpayerwrote:

All governors veto budgets for whatever reasons.....seems like a weak case

on August 15,2014 | 02:53PM

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HIEwrote:

Not all governors use the threat of a veto in order to coerce an elected official to resign their post. That's the difference, if you're able to read and comprehend complete sentences.

on August 15,2014 | 03:50PM

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ISCREAMwrote:

She is a drunk...

on August 15,2014 | 06:50PM

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kekelawardwrote:

She never resigned. She was the one who wasted Texan taxpayer money with this purely political B$.

on August 16,2014 | 03:59AM

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hawaiikonewrote:

Keep trying, hei, you must be from Austin...

on August 16,2014 | 01:34PM

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Nultechwrote:

Seems to me it's not the veto per se, it's the threatening another public official prior to using the veto. That is rather like intimidation. But then, Perry, like a lot of Republicans, cannot claim ethics as a trait.

on August 15,2014 | 03:45PM

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ISCREAMwrote:

Unlike President Obama...king of ethical behavior...or Queen Hillary ruler of all Benghazi...

on August 15,2014 | 06:51PM

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kekelawardwrote:

Or Clinton, Rangel, Kennedy, etc...

on August 16,2014 | 04:01AM

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blackmuranowrote:

They indicting the wrong American. That Muslim in the White house should be sent to prison for his criminal acts of by passing the U.S. Constitution and playing dictator...

on August 15,2014 | 04:36PM

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mauidaywrote:

The last time I checked, the Episcopal Church in Washington (that President Obama attends) was still christian.

on August 15,2014 | 08:12PM

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IAmSanewrote:

Episcopal Church in Washington

What does that spell? ISIS. WAKE UP SHEEEPLLLLLEEEEEEEEEEE!!!!!!!!!!!!11111111

on August 15,2014 | 10:32PM

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mauidaywrote:

You equate the Episcopal church in Washington with ISIS??? Facts: Obama has been a member of a christian church since the 09's. Obama has recently ordered ongoing air strikes on ISIS after they threaten genocide on the Yazidis. The definition of a bigot: one how treats the members of a group (race, religion, etc) with hatred and intolerance. Your hatred of African American President Obama is getting in the way of you seeing the facts.

on August 16,2014 | 09:45AM

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kekelawardwrote:

Being forced togo to a church for a photo op doesn't make you a Christian, anymore than going to a bon dance for bar b q sticks makes you a Buddhist.

on August 16,2014 | 04:04AM

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falsewrote:

LIKE, LIKE, LIKE, good one LOL

on August 16,2014 | 07:31AM

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GONEGOLFINwrote:

Much like stringing together a few quirky words and introducing a sarcastic mixture of thought makes you a philosopher.

on August 16,2014 | 09:30AM

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mauidaywrote:

Just because you hate President Obama, does mean you can make stuff up to suit your hateful perception. President Obama attended a Christian church long before he was president. Your allegation that he goes to church as a photo op is stuff you made up to suit your bigoted opinion of the African American President.. Absolutely no proof or facts behind your statement.

on August 16,2014 | 09:50AM

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krushawrote:

Perry is a nut case that is just another clown in the clown car of the Republican party. Getting him kicked out of that car might actually help their party lose some of their reputation as Bobby Jindal stated "The S tupid Party">

on August 15,2014 | 05:42PM

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kekelawardwrote:

The Shriners should sue all politicians for ripping off their clown car idea.

on August 16,2014 | 07:01AM

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ISCREAMwrote:

From the Austin News.."Perry wanted Lehmberg to resign because she had been busted for drunk driving. It’s not good to have a drunk driver, captured on camera abusing the officers who arrested her, heading up the Public Integrity Unit."

on August 15,2014 | 06:55PM

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ISCREAMwrote:

Turns out the DA is a close friend of Wendy Davis...

on August 15,2014 | 06:57PM

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ISCREAMwrote:

The drunk...
https://www.youtube.com/watch?v=s7y7oJ266qI

on August 15,2014 | 07:02PM

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kekelawardwrote:

How odd that the SA couldn't run any pictures of her.

on August 16,2014 | 04:05AM

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KKawawrote:

Sounds exactly like what Hawaii Attorney General David Louie did to the Deputy DHHL Chief: Met with her personally, and said if you resign the investigation against what you and your office "will go away." The DHHL Chief got the whole thing on tape.

on August 16,2014 | 06:25AM

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kekelawardwrote:

She'll probably be sued for not getting permission from the other party prior to taping.

on August 16,2014 | 07:03AM

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falsewrote:

Just Google… "Travis County District Attorney Rosemary Lehmberg"…. The Youtube videos of her arrest and in the booking office show she is abusive, uncooperative, and drunk as a skunk. She should have resigned….

on August 16,2014 | 07:43AM

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cojefwrote:

Just a confirmation on how dirty politics can be. Like the old axiom, "no honor among thieves".